Anibal Sabater is licensed in several US jurisdictions, England and Wales (as a solicitor), and Spain, and is a partner with Chaffetz Lindsey.
While my practice centers on representing clients in international arbitrations, I take on about three arbitrator appointments in complex matters per year. I have served in numerous disputes, in English or Spanish, as presiding arbitrator, sole arbitrator, co-arbitrator, emergency arbitrator, and consolidation arbitrator, and have arbitrated cases under all major rules, including those of the AAA/ICDR. Chambers ranks me in Band 1 for most-in-demand arbitrators in the US, Band 1 for Latin America, and Band 3 globally.
We asked him how his expertise informs his approach on the AAA Energy Dispute Resolution Panel.
Q. Tell us about your background in the energy industry and resolving energy disputes, including areas such as regulatory compliance, environmental matters, joint ventures, or other complex energy issues.
I practiced for over ten years in Houston, which lives and breathes all things energy, and then, after relocating to New York, I remained heavily involved in the industry. As counsel, I have handled disputes involving long-term crude or gas supply agreements, the construction of a pipeline in the Bolivian jungle and of a large refinery in the Caribbean, power generation and distribution in Argentina, Ecuador, El Salvador, Mexico, Panama, Puerto Rico, and Peru, and classic JOA and PSA disputes involving the Gulf and Africa. As an arbitrator, I have recently addressed cases concerning power generation in Central America, exploration and production of oil in Sub-Saharan Africa and East Asia, LNG swap transactions, gas supply and crude transport agreements across the Americas, and the impact of sanctions on the construction of an energy facility or the sale of energy commodities. I have also done several post-M&A cases involving underlying energy projects.
Q. If applicable, tell us about your experience with cross-border energy disputes.
100% of my practice involves cross-border projects. Usually, the project is in one country, while the owners, contractors, lenders, or operators come from another. As a result, cross-cultural, cross-legal issues abound.
Q. What types of energy disputes do you most often see in your work?
It depends somewhat on the economic and political cycle. The last few years have been heavy with disputes over the construction of energy facilities in Mexico, whose economy was significantly affected by recent reforms, as well as the impact of sanctions on Iran, Russia, and Venezuela, and, given market and geopolitical volatility, gas and energy commodity pricing.
Q. What drew you to ADR to work in the energy space? What do you value most about serving as a neutral on AAA's Energy panel?
The energy industry is among the most rewarding for a lawyer or a neutral. Some of the most complex international disputes can be found in this space. In addition to mastery of the law or the contract, these disputes also require a good understanding of the underlying regulatory, technical, and geopolitical issues.
The AAA’s energy panel brings specialists together, which is a good way of ensuring collegiality and output quality.
Q. What emerging trends are you seeing in the Energy sector? What developments do you think will most shape the future of dispute resolution in this area?
Geopolitical and regulatory developments will remain key to the sector. Developments involving Iran, Russia, Ukraine, China, and Venezuela will continue to shape the contours of oil and gas disputes. Elsewhere, the pace and fate of the green transition will remain critical in shaping disputes.
Q. What advice do you have for parties preparing for arbitration or mediation in complex energy disputes?
Get organized. As I mentioned, these can be some of the more complex and intellectually challenging disputes to reach arbitration. Know your case well from the beginning, present it clearly, and then be flexible. As often happens with niche practices, not all neutrals or opposing counsel will be familiar with every term or category at play. Keep your eyes open to make sure the tribunal is following you. Avoid distractions and unnecessary jargon — but don't oversimplify either.